McAdow v. Sturtevant
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henrt, Judge. (1) The affidavit to the lien statement does not state that Sturtevant was the owner, nor does it, in general terms, cover all the facts stated in the lien, but specifies part of such facts only. The lien statement is, therefore, not verified by the affidavit and is void.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henrt, Judge. (1) The affidavit to the lien statement does not state that Sturtevant was the owner, nor does it, in general terms, cover all the facts stated in the lien, but specifies part of such facts only. The lien statement is, therefore, not verified by the affidavit and is void. R. S. 1889, sec. 6709. (2) An original contractor cannot maintain a lien except under contract with the person who was the owner at the time he began to furnish his materials or do the work. It is his duty to examine the records and see, when he begins the…
1Opinion of the CourtSmith, P. J.
Plaintiff, a dealer in wooden mantels, gratis, tiles, etc., on the first day of September, 1887, entered into an agreement with defendant Sturtevant, the owner of a certain block of ground and the building in process of construction thereon, situated in Woodland Place, Kansas City, to furnish the mantels and grates for said buildings, and to put the same in their places when said building should be ready for the same. At the time of the making of this agreement plaintiff did not have on hand the mantels of the kind which he had agreed to furnish defendant Sturtevant, but had to procure the…
2Cases cited14 opinions
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Welch v. Porter & Co.Supreme Court of Alabama · 1879
- Dugan v. ScottMissouri Court of Appeals · 1889
- Douglas v. St. Louis Zinc Co.Supreme Court of Missouri · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Schwartz v. Shelby Construction CompanySupreme Court of Missouri · 1960
- Wadsworth Homes, Inc. v. Woodridge CorporationMissouri Court of Appeals · 1962
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Rall Bros. v. McCraryMissouri Court of Appeals · 1891
17 more not listed; retrieve them via the Exa API.